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October 15, 2012 - City of Laredo

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Grantee is considered in compliance with this agreement and Section 106 <strong>of</strong> the NHPA only when Grantee submits<br />

adequate background documentation to the SHPO/THPO for its review, and the SHE'O/THPO has provided written<br />

concurrence to Grantee that Grantee does not object to its Section 106 finding or determination. Grantee shall provide a<br />

copy <strong>of</strong> this concurrence to the Commission.<br />

17.14 Solid Waste Disposal Act<br />

Prior to the expenditure <strong>of</strong> Federal funds to store, process, or disposal <strong>of</strong> hazardous materials shall comply with the Solid<br />

Waste Disposal Act, Texas Health & Safety Code, Chapter 361, and Title 30, Texas Administrative Code, Chapter 335<br />

"Industrial Solid Waste and Municipal Hazardous Waste" administered by the Texas Commission on Environmental<br />

Quality. Sanitary or hazardous waste is defined in 40 CFR Part 260 and 30 TAC Chapter 335 and includes, but is not<br />

limited to, old light bulbs, lead ballasts, piping, ro<strong>of</strong>ing material, discarded equipment, debris, asbestos, etc. Grantee shall<br />

obtain any required permit and retain all compliance documentation related to the project.<br />

17.<strong>15</strong> Report <strong>of</strong> Fraud, Waste and Abuse: Texas Government Code, Section 321.022<br />

If the administrative head <strong>of</strong> a department or entity that is subject to audit by the Texas State Auditor has reasonable cause<br />

to believe that money received from the State by the Grantee or by a client or contractor <strong>of</strong> the Grantee may have been<br />

lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation <strong>of</strong><br />

the Grantee, the administrative head shall report the reason and basis for the belief to the Texas State Auditor. The Texas<br />

State Auditor may investigate the report or may monitor any investigation conducted by the Grantee. See<br />

http://sao.fraud.state.tx.us/.<br />

Grantee shall also promptly refer to the U. S. Department <strong>of</strong> Energy any credible evidence that a principal, employee,<br />

agent, contractor, sub-grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has<br />

committed a criminal or civil violation <strong>of</strong> laws pertaining to fraud, conflict <strong>of</strong> interest, bribery, gratuity or similar<br />

misconduct involving those funds.<br />

XVIII. Audit Requirements<br />

The Grantee agrees to arrange for a financial and compliance audit (Single Audit) if required by the Single Audit Act or<br />

OMB CIRCULAR A-133, "Audits <strong>of</strong> States, Local Governments, and Non-Pr<strong>of</strong>it Organizations." The audit must be<br />

conducted by an independent certified public accountant (CPA) in accordance with applicable Government Auditing<br />

Standards, OMB circulars, and Uniform Grant Management Standards (UGMS). Provided that, if Grantee is an<br />

independent school district, the audit is not required to comply with UGMS.<br />

If Grantee is not covered by the Single Audit Act or OMB Circular A-133, Grantee must maintain records to support<br />

federal financial assistance programs and agree to have a financial audit performed by an independent certified public<br />

accountant (CPA) under generally accepted auditing standards (GAAS) and Government Auditing Standards (GAS), also<br />

referred to as the Yellow Book.<br />

Grantees must submit two copies <strong>of</strong> the entire audit report, any management letter issued in conjunction with the audit<br />

report, and all findings, recommendations, and questioned costs contained in the audit report and management letter,<br />

including a detailed corrective action plan, to the Commission within six months after the end <strong>of</strong> the audit period, unless a<br />

longer period is agreed to in advance by the Commission.<br />

XIX. Signatories<br />

The undersigned signatories represent and warrant that they have full authority to enter into this Agreement on behalf <strong>of</strong><br />

the respective parties.<br />

XX. Merger<br />

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